Blog Posts in May, 2019

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  • In a California paternity or dissolution action, can you request relief in excess of that plead in your initial petition if your spouse fails to file a response and their default is subsequently taken?
    In a California paternity or dissolution action, can you request relief in excess of that plead in your initial petition if your spouse fails to file a response and their default is subsequently taken?

    This issue was addressed in Sass vs. Cohen (3/8/19). In this the Court held that the judgment exceeded the “type and amount of relief” sought in the operative pleadings. It said: This case presents ...

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  • What methods are available to a California family law litigant to prove that a particular asset is there separate property (rather than community)?
    What methods are available to a California family law litigant to prove that a particular asset is there separate property (rather than community)?

    A party in a California dissolution action can request that the Court deem a particular asset their separate property if they can trace the acquisition of that asset back to a separate property ...

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  • Must either a Child or Spousal Support award be based on current income and expenses of the parties in a California Family Law matter?
    Must either a Child or Spousal Support award be based on current income and expenses of the parties in a California Family Law matter?

    In the IRMO Cipari (2/7/19) case, the appellate Court held that a trial court’s relying on a parties’ prior year tax returns when the current tax returns were available to the party was an error and ...

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